HOPE v. S & J DIVING, INC.

No. 2008-CA-0282.

996 So.2d 50 (2008)

Michael E. HOPE v. S & J DIVING, INC. and Deep Sea Champion, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

September 24, 2008.


Attorney(s) appearing for the Case

J. Fredrick Kessenich, Jon A. Van Steenis, Daigle Fisse & Kessenich, Covington, LA, for North American Capacity Insurance Company.

Daniel J. Caruso, Robert L. Redfearn, Jr., Simon Peragine Smith & Redfearn, LLP, New Orleans, LA, for Appellant, Deep Sea Champion, Inc.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN).


MAX N. TOBIAS, JR., Judge.

The appellant, Deep Sea Champion, Inc. ("Deep Sea"), appeals an adverse judgment dismissing its third-party action against appellee, North American Insurance Co. ("North American"), for defense and indemnity on an exception of no right of action. For the reasons that follow, we reverse the trial court's judgment and remand the matter for further proceedings.

On 22 June 2006, Michael Hope ("Hope"), the plaintiff in the underlying...

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